NRS 294A.3493 Disclosure required on certain communications that include synthetic media; injunctive and equitable relief; limitation of liability.

632 words·~3 min read·/nv/chapter-294a-campaign-practices/294a-3493

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Any communication made or paid for by a person, organization, candidate, personal campaign committee of a candidate, committee for political action or committee sponsored by a political party that is made in support of or opposition to a candidate, group of candidates or political party, that provides information about political or social issues with the intent to influence the outcome of an election or that solicits contributions for a candidate, group of candidates or political party and includes any form of synthetic media in the communication must disclose on the communication in a clear and conspicuous manner:

This (image/video/audio) has been manipulated.

2. The disclosure required pursuant to subsection 1 must be provided in accordance with the following requirements:

(a)For a communication made using visual media that is a video, the disclosure must appear for the entire duration of the video; and

(b)For a communication made using only audio, the disclosure must be read in a clearly spoken manner, in a pitch that can be easily heard by the average listener and in the same language as the rest of the audio:

(1)At the beginning of the audio;

(2)At the end of the audio; and

(3)If the audio is longer than 2 minutes in length, interspersed within the audio at intervals of not more than 2 minutes each.

3. Any candidate who is depicted in any communication that includes synthetic media and which communication fails to include the disclosure required pursuant to subsection 1 may seek an injunction or other equitable relief in district court against the person, candidate, personal campaign committee of a candidate, committee for political action or committee sponsored by a political party who made or paid for the communication.

4. Nothing in this section shall be construed to impose liability for a violation of subsection 1 upon:

(a)Any streaming service, interactive computer service provider, cloud service provider or internet service provider;

(b)A radio broadcasting station, television broadcasting station, telecommunications network or cable or satellite television operator;

(c)Any programmer or producer of radio or television broadcasting content; or

(d)Any person who publishes synthetic media as part of entertainment as a satire or parody.

5. As used in this section:

(a)“Artificial intelligence” means a machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments.

(b)“Generative adversarial network” means a framework for machine learning that uses adversarial training towards the development of generative artificial intelligence.

(c)“Generative artificial intelligence” means a technology of artificial intelligence that is capable of creating content such as text, audio, image or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules.

(d)“Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2).

(e)“Synthetic media” means an image, audio recording or video recording of the appearance, speech or conduct of a person that has been intentionally manipulated with the use of generative adversarial network techniques, artificial intelligence or generative artificial intelligence to create a realistic but false image, audio recording or video recording that produces:

(1)A depiction that to a reasonable natural person is of a real natural person in appearance, action or speech but that did not actually occur in reality or was not authentically captured or recorded; and

(2)A fundamentally different understanding or impression of the appearance, action or speech of a person than what a reasonable natural person would have from viewing or listening to the unaltered original version of the image, audio recording or video recording.